hankyoreh

On International Conscientious Objectors Day

The National Human Rights Commission of Korea (NHRCK) proposed Constitutional amendments, such as prohibiting discrimination against LGBT persons, permitting alternative military service, and abolishing the death penalty.

The proposed changes would strengthen basic rights guarantees and the human rights protections by expanding the category of basic rights from “citizens” to “people.”

The NHRCK presented its proposed amendments at an “open discussion on amending the Constitution to strengthen basic rights guarantees” held on the afternoon of June 26 at its office in central Seoul. In its amendments, the commission indicated its aims of achieving a human rights state by inserting a provision in Article 1-3 stating that the Republic of Korea “aims to become a human rights state, and all powers are exercised for the sake of its citizens.” Article 2, which includes provisions on basic rights, was amended to state that the “death penalty is abolished.”

The proposed amendment also used the term “person” in place of “citizen” in referring to the agents of basic rights, changing language reading “all citizens have the right” to read “all people have the right.” The aim was to use basic rights for all people residing in South Korea, rather than just those with South Korean citizenship.

In Article 15 of its revised Constitution, the NHRCK addressed the issue of equal rights with a provision reading, “No one shall be subject to unfair discrimination for any reason in any area, including gender, religion, ethnicity, language, region of origin, disability, age, sexual orientation, academic history, philosophy, political opinions, or social status.” The revised version stipulates a ban on discrimination against LGBT persons. It would also bar mandatory armed military service contrary to conscience and allow the assignment of alternative forms of service for those presenting legitimate grounds.

Provisions were also included ordering the state to devise basic income policies in accordance with the law.

The commission’s changes also included creating and stipulating all people’s Constitutional right to life and safety - an issue that has received major attention since the 2014 Sewol ferry sinking - and requiring the state to take actions to prevent disaster and protect people from disaster risks. Conditions for the disbanding of political parties were made more stringent, with related provisions allowing disbanding “in cases where a party’s activities violate the basic democratic order” rather than the current “in cases where a party’s aims or activities violate the basic democratic order.” The commission explained that this was intended to prevent parties from being forcibly disbanded simply because of their specific aims.

By Heo Jae-hyun, staff reporter

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